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"The question presented to the en banc court is whether an officer who was denied consent to search a shared residence by one co-tenant may rely upon consent given by a different co-tenant as grounds for a warrantless search of the shared residence."

"The question presented to the en banc court is whether an officer who was denied consent to search a shared residence by one co-tenant may rely upon consent given by a different co-tenant as grounds for a warrantless search of the shared residence." Today, by a vote of 8-3, the en banc U.S. Court of Appeals for the Eighth Circuit answers that question in the affirmative. You can access today's ruling at this link.

Back in August 2006, a three-judge Eighth Circuit panel divided 2-1 in holding that the consent received from the second co-tenant did not override the first co-tenant's refusal of consent. Here's the text of my post from August 25, 2006:

"May we see your photos please?" Fans of the Late Show with David Letterman are likely familiar with that recurring feature. Today, in an opinion you can access here, the U.S. Court of Appeals for the Eighth Circuit addresses whether the U.S. Supreme Court's ruling earlier this year in Georgia v. Randolph applies to a search of a home computer's files for child pornography.

In the case decided today, the majority holds that where a husband is arrested at work and denies consent to search his home computer, the wife who's at home with the computer lacks the ability to override the husband's refusal by consenting to the search. The dissenting opinion argues that the Randolph case ought not be applied under the circumstances and that the effect of today's ruling will discourage law enforcement officers "in seeking consent, to bypass the suspect lest the suspect refuse consent, and instead seek only the consent of an authorized co-occupant."

You can access the original three-judge panel's ruling at this link.

Full post as published by How Appealing on March 11, 2008 (boomark / email).